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Post a comment and any questions on this week’s subject matter. Don’t forget to respond to some else’s post Essay

Post a comment and any questions on this week’s subject matter. Don’t forget to respond to some else’s post too! If you need some guidance, consider responding to: • How and why did the development of the Christian church differ in the Byzantine Empire and Latin Christendom?
The 1843 Poor Law was created because the middle and upper classes were coming to the conclusion that the local taxes they were paying were supporting the poor to be lazy and avoid work so many complained wanting a change to the current system. The new poor law sounded good as the poor and homeless would be sent to work houses being clothed and fed, even children would get some education there and they would have work for several hours a day. The work houses were not as accommodating as that; the people were treated as slaves, as if they were being punished for being poor and the work was hard and often dangerous. The workhouses would be an object of fear for the poor, families would be split up, they suffered from poor diets and any medical needs were not met. Many were outraged and spoke out against the poor law. Richard Oastler was one of those who spoke out against the poor law and fought for reform of the factories. He said: “I will use all my influence in trying to remove from our factory system the cruelties which are practiced in our mills. (Chaplin, A. 2009).” Anthony Ashley Cooper, 7th earl of Shaftesbury fought for factory reform for improved working conditions and in 1847 the changes to the factory act were improved and over the years kept improving to try and stop any worker being exploited. The great wars gave medical specialist a new image of stardom from the people of Britain because of their courage on the battle field and treating those back home. The first Great War praised the actions of the orthopaedic surgeon preforming impressive lifesaving medical procedures where ever they were needed. By World War 2 there were advances in medical, factory and motorised machinery leading to new challenges for medical professionals to deal with a new range of injuries. The orthopaedic surgeon now shared the limelight with other medical specialists now being recognised for their work. During the interwar years plastic surgeons were developing their skills and maintaining their specialist identity; their profession was now in high demand treating burn victims which was now an injury that affected a high amount of individual during WW2 because of the petrol driven means of transport; this also called for a high demand for burn specialists, cardiologists and thoracic surgeons who now had to treat patients who have been crushed by vehicles of war and machinery. A more modernised society was producing more ailments where the health care had to develop to meet the needs. The end of WW2 now recognised the importance of rehabilitation, this was not the situation after WW1 but now occupational therapists and physical medicines were sought after. The poor living conditions and the constant threat of danger caused a high number of soldiers and civilians to suffer with a psychiatric disorder and requested the need of psychiatric help. More than A third of military officers suffered with a mental disorder. WW2 created more opportunities for pathology as Penicillin ‘the miracle drug,’ cured wound infection, STDs and relieving a range of life threatening disease. The improved health of soldiers and gave them a morale boost and boosted the idea of creating more medicines to cure diseases. (Hardy, A. 2009) After 1945 Britain’s economy needed reconstruction so Britain wanted an influx of immigration labour. There was a large population growth which did lead to a shortage of social houses and from 1946 to the 1960s there was a baby boom leaving the system overwhelmed with the rapidly growing population. Sir William Beverage wrote the report ‘Social Insurance and Allied Services’ in 1942 which became the blue print for the modern welfare state. “The Beveridge Report aimed to provide a comprehensive system of social insurance ‘from cradle to grave’. It proposed that all working people should pay a weekly contribution to the state. In return, benefits would be paid to the unemployed, the sick, the retired and the widowed. Beveridge wanted to ensure that there was an acceptable minimum standard of living in Britain below which nobody fell. (The National Archives. 2009).” “It was this report that identified the five ‘Giant Evils’ the government should fight namely: ‘Want, Disease, Ignorance, Squalor and Idleness. (Sir William Beveridge Foundation. 2012).” The public welcomed the idea with open arms and could not wait for it to be put into action but their current government the conservatives which was led by Winston Churchill missed his chance to apply any of the Beveridge report as he put all his focus on the war giving labour the chance to tell the public that they would implement this law if they were to get elected. In 1945 Winston Churchill lost the election even though his leadership helped win the war but it was not enough to keep him as prime minister because the British people were desperate for a better quality of life and equal health care, no longer have to go to struggling charity hospitals or only the working to be aloud treatment. (Addison, P. 2005). Labour now ran the country and led by Clement Attlee, his minister of health was Aneurin Bevan who would work hard to pass the national health act. Aneurin Bevan had a lot of opposition his main adversary was DR Charles Hill of the British Medical Association and organised a vote amongst all doctors to vote for or against the NHS, 85% were against and all those who were for were bullied for it and they created propaganda for the media to turn the public against the NHS. The doctors wanted to keep their status of independent contractors and not become civil servants. The working and middle classes were in support of the NHS, only 13% was on the side of the doctors. Aneurin gained support of Lord Moran the president of the Royal College of Physicians who controlled the consultants and the charity hospitals they were at this time destitute and Aneurin would support these hospitals with tax funding if he had support from his medical staff. The remaining doctors decided to join the NHS days before the start of the act as they realised all patients would be joining the NHS leaving their clinics soon to be empty. 1948 the National Health Act was implemented. The medical system realised how people were suffering with conditions who could not afford the healthcare. The hospitals were full and patience were requesting a lot of treatment as so many conditions were far gone they needed a lot of care even babies were in terrible conditions, before the NHS babies had a high mortality rate. (Rick, B. 2008). The NHS continued to improve and parliament discovers that it was impossible to cap its spending as medical techniques and equipment was always evolving. “Bevan foresaw this in speaking on 2nd June to a Royal College of Nursing conference. ‘We shall never have all we need,’ he said. ‘Expectations will always exceed capacity. (Rivett. G. 2014)”. In 1965 there was an investigation into the local authorities in England and Wales; in 1968 this report was published by Fredrick Seebohm. He believed the current system was inadequate and a new more family orientated system should take its place and work for the individual and could work long term. He wanted it to be better than the current services but will be able to provide those services that are already available like “the children’s departments, the welfare services provided under the National Assistance Act 1948, educational welfare and child guidance services, the home help service, mental health social work services and other social work services provided by health departments, day nurseries, and certain social welfare work currently undertaken by some housing departments.” Local authorities should be able to assess a situation immediately and be able to provide for them out of what provisions they have in their own area. This improved social services department will be provided with training and staff will gain a social worker qualification and there will be specific jobs like field staff and residential staff. 11. (Seebohm, F. 1968). In 1970 the Local Authority Social Services act was implemented making it mandatory for every local authority to have a social services department and should adhere to the functions set by the secretary of state. The LASS act 1970 will work alongside the National Health Service Act 1946, the National Assistance Act 1948 and the Children Act 1948. Local authorities would also follow this act as they would their Health Visiting and Social Work (Training) Act 1962 and Health Services and Public Health Act 1968 and refer to all acts when to fulfil their authorities function. There is a 22 year difference between the NHS act and the LASS act this could be that before the NHS act the attitude of certain groups thought that the poor were a burden, brought their situation on themselves and even some G.Ps did not like to treat those in the slums. So health care was a priority to bring society to a stage of good health and good living conditions so social services could come in and have the provisions to work with and encourage wellbeing because the previous ill health of those who couldn’t afford to get it treated gave a low chance of living long lives for the working class. Social services would not be able to make their assessment if people were not able to be diagnosed by physicians or psychiatrists and a social worker does not have the medical training to diagnose a person and then people would go without help. Also working class and a high number of middle class were ill, suffering neglect from the state and malnourished if this was the norm in some parts of Britain what could that area’s local authority do if the poor living conditions were that vast and what would be a case for social services to step in would be the how certain people had to live due to their financial status. In 1979 Margret Thatcher a conservative leader and a Neo-liberal became prime minister after winning the election against Labour as it was said their bad leadership lead to the country being in debt. Unlike her labour predecessors Thatcher opposed some of the ideas of the Beveridge report and reformed the NHS for it to become more of a market where the patients become customers and encouraged people to go private. She created the National Health Service act 1980 which promoted privatisation. This concerned the public who still wanted to keep their NHS the way it was but the waiting lists got longer and certain wards started to close. Health boards became purchasers and would have contracts with different medical drug companies to be able to purchase the best value for money. After Thatcher ‘the cradle to the grave’ ideology has not be looked back on. (BBC NEWS) The Barclay Report 1982 identified the unrealistic expectations of social workers and how society and the media would complain when these expectations were not met. Barclay saw two distinctive elements to social work: counselling and social care planning. He encouraged the idea of partnership between service users, families, statutory services and voluntary services and also to seek networks of care in the service users’ community. (Blewett, J. 1997) John Major was next after Thatcher in 1990 and continued with the reform of the NHS. Under conservative leadership “eight English Regional Health Authorities abolished from April 1996 and replaced by eight regional offices of a new NHS Executive, based in Leeds. Likewise, 100 new Health Authorities (HAs) replaced the previous structure of District Health Authorities and Family Health Service Authorities, the aim being to reduce bureaucracy and improve services. With no regional structure in Scotland, Wales and Northern Ireland, responsibility was left with health departments at national and local trust level. (BBC NEWS). “ Labour comes back into power 1997 with Leader Tony Blair who believed in ‘the third way’. The third way’ or New Labour was the combination of the best features of the USA and Continental Europe economic dynamism and European social inclusion and bring them together. (Powell, M. 2008). Pressures from Scottish and Welsh Labour parties led to a political commitment by labour to transfer the powers from the Scottish office to a Scottish Parliament giving the ability to now pass primary legislation in those areas and from the welsh office to a National Assembly for Wales, administering and financing them within a frame work of Westminster legislation. Scotland and Wales now had the power to create health, education, housing and training department’s government by their own parliaments and Assembly and this system became a lot more organised. There are differences in some of the services of the NHS in other regions compared to England. In Wales and Scotland prescriptions are free but in England people are charged, ‘The National Institute for Health and Care Excellence’ is responsible for cost efficient medicines and equipment for England and Wales based but its ‘The Scottish Medicines Consortium’ that is in charge of that in Scotland and only in Scotland was the NHS car parking char abolished. (Hicks, R. 2013) Chancellor George Osborne gave his autumn statement 2014 sharing his plans for the NHS. Osborne has announced that he will be funding the NHS an extra 2 billion a year and a “new £300m a year fund for kick-starting GP innovation”. The issue is is this too little too late, the NHS has been suffering for a while and is believed this extra money will be spend half way into the year on its shortfalls due to budget cuts. David Cameron quoted Thatcher by saying NHS spending was ‘safe in his hands’ but reports say the NHS has never been in such a worse state. Elizabeth Evans
Managers are not aware of the severe consequences treating their employees like that? Is it because of a deficit in managing people within an opposed cultural working environment or is it because of an inconvenient HRM strategy? Skinner, B. (1971) argued, that people are simply a product of the stimuli they get from the external world. Interestingly, negative reinforcement causes behavioral change in undesirable ways, whereas positive reinforcement causes rather intended change. General management is therefore not only accountable for defining such stimuli according the corporate strategy, but also its degree of involvement is a prerequisite for a successful HRM (Baron, J.
Role of Founders of Italy Migrant Boot Camps Discussion Questions.

1.Based on the award-winning Op-Doc Walk Run Cha Cha , discuss the approach many
immigrants take to achieve a sense of transnational belonging that defines acculturation. (4
points, minimum of 200 words, half page maximum) 2. According to Beitz’s and Oberman’s assigned readings, are human rights violations being
committed as a result of the good intentions of the founders of Italy’s Migrant Boot Camps
featured in this Al Jazeera video: Italy’s Migrant Boot Camps (4 points, minimum of 200
words, half page maximum) 3. Discuss the concept of “racial-ethnic belonging” as it relates to the settlement process of
immigration and the experiences of immigrants featured in this Al Jazeera video: (4
points, minimum 200 words, half page maximum) 4. Discuss the impact of nation-state policies such as the visa system on the right to immigrate. (4
points, minimum 200 words, half page maximum)All answers should include in-text citations, example: (Young, page number). Refer to only class assigned materials in your responses (do not include discovered scholarship).
Your answer to each question should include a question number, the question, and your answer.
6. What is an employer-driven visa?”. An employer-driven visa is (your_answer)_________.
Role of Founders of Italy Migrant Boot Camps Discussion Questions

Final Project

Start your paper with an introductory paragraph. Prompt 1 “Data Warehouse Architecture” (2-3 pages): Explain the major components of a data warehouse architecture, including the various forms of data transformations needed to prepare data for a data warehouse. Also, describe in your own words current key trends in data warehousing.  Prompt 2 “Big Data” (1-2 pages): Describe your understanding of big data and give an example of how you’ve seen big data used either personally or professionally. In your view, what demands is big data placing on organizations and data management technology?  Prompt 3 “Green Computing” (1-2 pages):  One of our topics in Chapter 13 surrounds IT Green Computing. The need for green computing is becoming more obvious considering the amount of power needed to drive our computers, servers, routers, switches, and data centers. Discuss ways in which organizations can make their data centers “green”. In your discussion, find an example of an organization that has already implemented IT green computing strategies successfully. Discuss that organization and share your link.  Conclude your paper with a detailed conclusion section.  The paper needs to be approximately 5-8 pages long, including both a title page and a references page (for a total of 7-10 pages). Be sure to use proper APA formatting and citations to avoid plagiarism.

National Paralegal College Personal Jurisdiction Motion

essay order National Paralegal College Personal Jurisdiction Motion.

Haas, J.,
Defendant Jane Johnson (“Johnson”) lives in Portland, Oregon, and operates
defendant corporation, (the “website”). The website is devoted to
allowing service providers to complain about actions of consumers. According to the
website’s terms, business owners or service providers are allowed to post feedback about
consumers “that other producers should be wary of.” The website also allows aggrieved
producers to publish the names, addresses and other personal information about
consumers, along with audio and video files that relate to the transaction.
On June 12, YR-01, Brenda James (“James”) posted a story regarding plaintiff,
Douglas Smith (“Smith”) in which she accused him of, inter alia, lying about his
conversations with her, behaving antagonistically towards her and unjustifiably
complaining about her business. She also posted information about Smith’s name,
address and license plate number and a video that showed a confrontation between her
and Smith.
Johnson knowingly allowed this information to remain on her site in spite of
Smith’s protest.
Smith brought the present action against Johnson and the corporation that holds
the website alleging defamation, invasion of privacy for intrusion upon seclusion,
invasion of privacy for misappropriation of name and likeness and intentional infliction
of emotional distress against all three defendants.
Subject matter jurisdiction is established under 28 U.S.C. § 1332 (diversity
jurisdiction) because plaintiff is a resident of California and defendants are residents of
Oregon and the amount in controversy is more than $75,000. This is undisputed.
Johnson and the website have moved to dismiss the complaint based on FRCP
Rule 12(b)(2), alleging that this court does not have personal jurisdiction over her and
under FRCP Rule 12(b)(6) for failure to state a claim upon which relief can be granted
with respect to each of the four counts of the complaint.
For the reasons set forth below, I deny the defendant’s motion to dismiss with
respect to each count.
Personal Jurisdiction
Defendant argues that this court lacks personal jurisdiction over Johnson and the
website because they operate exclusively in the state of Oregon and have insufficient
contacts with California to subject them to personal jurisdiction in the state of California.
Under the due process clause of the 14th amendment to the United States
Constitution, a state may exercise long arm jurisdiction over an out-of-state defendant
only if the defendant has “certain minimum contacts with it such that the maintenance of
the suit does not offend “traditional notions of fair play and substantial justice.” Int’l Shoe
Co. v. Washington, 326 U.S. 310, 317 (U.S. 1945).
In Asahi Metal Indus. Co. v. Superior Court of Cal., 480 U.S. 102, 109 (U.S.
1987), a case relied on by defendant, the Supreme Court refused to allow the state of
California to exercise jurisdiction over a Japanese automobile part manufacturer who’s
part, after having been built into a Taiwanese motorcycle, had caused injury in California.
The plurality opinion in Asahi had ruled that Asahi had failed to “purposefully direct”
activities towards the state of California, and could therefore not be subject to personal
jurisdiction in that state.
While defendant relies on Asahi, I think Asahi is distinguishable. In Asahi, the
defendant had not specifically been made aware that its parts would end up in California
and certainly did not have any specific interest in availing itself in the privileges and
immunities of the state of California. See id. at 102. It had no specific knowledge of its
products being in California and did not intentionally direct any activity towards
In our case, Johnson was specifically apprised of the review targeting a California
resident. I think that our case is more analogous to cases in which jurisdiction has been
allowed. In Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474 (U.S. 1985), the
Supreme Court allowed the Florida courts to exercise personal jurisdiction over a
defendant when the defendant “had established a substantial and continuing relationship
with” a resident of Florida. The Supreme Court also allowed personal jurisdiction to the
state of California when “the suit was based on a contract that had substantial connection
with California.” McGee v. International Life Ins. Co., 355 U.S. 220 (U.S. 1957).
The Ninth Circuit Court of Appeals also ruled that a website that offered readings
of medical care providers in Washington state on its website “purposefully interjected”
itself into Washington state and was therefore subject to jurisdiction in Washington.
Northwest Healthcare Alliance, Inc. v., Inc., 50 Fed. Appx. 339, 341
(9th Cir. Wash. 2002). Based on the holding in the Northwest Healthcare Alliance case, I
find that a website that allows reviews of businesses in a particular state subject itself to
personal jurisdiction in that state.
Therefore, I find that California may constitutionally exercise personal
jurisdiction over the defendants in this case.
Motion to Dismiss Under Rule 12(b)(6)
I now turn to the components of defendant’s motion to dismiss that alleges that
plaintiff’s causes of action should be dismissed for failure to state a claim upon which
relief can be granted.
I note at the outset that this stage of the proceeding is not for finding facts or
determining issues that are in dispute between the parties. In considering a motion to
dismiss, I must review the facts in the light most favorable to the nonmoving party. See
Oltarzewski v. Ruggiero, 830 F.2d 136 (9th Cir. 1987). I may only dismiss the cause of
action if I rule that there is no “genuine issue for trial.” Valandingham v. Bojorquez, 866
F.2d 1135, 1137 (9th Cir. 1989).
Communications Decency Act Defense
Johnson argues that she is immunized from all tort causes of action under the
Communications Decency Act, 47 U.S.C.A. § 230 (“CDA”). The provisions of the CDA
have been held to confer broad immunity against defamation and other tort liability for
those who use the Internet to publish information originating from another source. See,
e.g., Fair Housing Council of San Fernando Valley v., LLC, 521 F.3d
1157, 1162 (9th Cir. 2008) (en banc); Batzel v. Smith 333 F.3d 1018, 1026 (9th
Cir.2003). CDA’s Section 230(c)(1) provides that “No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any information provided
by another information content provider. An Information content provider is defined as
“any person or entity that is responsible, in whole or in part, for the creation or
development of information provided through the Internet or any other interactive
computer service.” Id. 230(f)(3).
However, contrary to Johnson’s contentions, a provider of an interactive computer
service may claim CDA immunity only with respect to “information provided by another
information content provider.” 47 U.S.C. § 230(c)(1) (emphasis supplied). Thus, an
interactive computer service that is also an “information content provider” of certain
content is not immune from liability arising from publication of that content. As used in §
230(f)(3), a service provider is responsible for the creation or development of
information, and thus becomes an information content provider as to that information, if
the service provider in some way contributes to the development of what is offensive
about the content.
In Fair Housing Council of San Fernando Valley v., LLC, 521
F.3d 1157, 1162 (9th Cir. 2008), the Ninth Circuit gave a broad reading of the CDA
230(f)(3)’s term “development,” and found that a website operator forfeited any immunity
provided under the CDA by “requiring subscribers to provide information as a condition
of accessing it services” and because it “both elicits the allegedly illegal content and
makes aggressive use of it in conducting its business.” Id. at p. 1167.
We believe that both the immunity for passive conduits and the exception
for co-developers must be given their proper scope and, to that end, we
interpret the term ‘development’ as referring not merely to augmenting the
content generally, but to materially contributing to its alleged
unlawfulness. In other words, a Web site helps to develop unlawful
content, and thus falls within the exception to section 230, if it contributes
materially to the alleged illegality of the conduct.
Id. at pp. 1167–1168.The Ninth Circuit distinguished its earlier decision in Carafano v., Inc., 339 F.3d 1119 (9th Cir. 2003), by noting that “[t]he allegedly
libelous content there . . . was created and developed entirely by the malevolent user,
without prompting or help from the website operator…,” and because it “did absolutely
nothing to encourage the posting of defamatory content….” It also distinguished Zeran v.
America Online, Inc., 129 F.3d 327 (4th Cir.1997) (emphasis supplied), by noting that
“AOL did not solicit the harassing content, did not encourage others to post it, and had
nothing to do with its creation other than through AOL’s role as the provider of a generic
message board for general discussions.” Id. at p. 1172, fn. 33 (emphasis supplied).
In this case, there is no factual dispute that defendant required as a precondition to
posting that users to provide the website with information about, inter alia, whether they
possessed any audiovisual content to post, and then actively encouraged users to post that
content regardless of privacy violations. As a case in point, a very unflattering video of
Plaintiff, taken without his knowledge, and which may well have been a violation of his
privacy rights, was placed on the website by an unhappy repair shop owner. Defendant
then reaped the reward of thousands of dollars in advertising revenue as the result of its
users’ controversial and unfiltered postings.
As in Roommates, was designed to solicit content with no
regard for unlawfulness, and involved Defendant’s active encouragement and help in
posting such unlawful information or images. Defendant’s actions thus materially
contributed to the illegality of the content and the privacy invasions suffered by the
plaintiff and other victims, taking her outside the scope of CDA immunity. See
People v. Bollaert, 248 Cal.App.4th 699 (Cal. App. 4th Dist. 2016) (finding that
defendant, operating website through which users posted private, intimate photographs of
others along with that person’s name, location and social media profile links, was an
“information content provider” with respect to the information at issue, and thus was not
entitled to interactive-computer-service immunity under CDA; defendant’s website
required users to answer a series of questions regarding victims’ personal information in
order to create an account and post photographs, and website was thereby designed to
solicit content that was unlawful).
Cause of Action 1: Defamation
Smith alleges that James’ statements about him that were posted to the website
contained false information. As a threshold matter, to be defamatory statement must be
false. Unelko Corp. v. Rooney, 912 F.2d 1049, 1056 (9th Cir. Ariz. 1990). The general
rule in a defamation action is that the defendant has the burden to prove truth unless the
subject matter is a matter of public concern. Milkovich v. Lorain Journal Co., 497 U.S. 1
(U.S. 1990). Whether a statement is a matter of public concern is a triable issue for jury
to determine. Because it is unclear who will have the burden to prove truth or falsity in
this case, I must assume falsity for the purpose of a motion to dismiss.
The issues of whether the statements are true, whether they are defamatory and
the extent of the fault of the party providing the forum are issues of facts to be tried by
the jury. See Knievel v. ESPN, 393 F.3d 1068 (9th Cir. 2005). Therefore, there is a
triable issue of fact and the motion to dismiss this count must be denied.
Cause of Action 2: Excessive Publication of Private Facts
The plaintiff’s second cause of action alleges invasion of privacy for intrusion on
seclusion. Plaintiff alleges that the defendant’s allowing information such as his name and
address and the video of his interaction to be posted on her website constitutes disclosure
of private information that intruded upon his solitude.
Defendant argues that even if the plaintiff’s allegations are true, the information
released was not “private” insofar as that names and addresses are publicly available
information and the video was taken in a place in which the plaintiff had no expectation
of privacy. Therefore, defendant argues that there has been no intrusion.
According to the Restatement of Torts, a person is liable for invasion of privacy
for intrusion upon seclusion if he “intentionally intrudes, physically or otherwise, upon
the solitude or seclusion of another or his private affairs or concerns… if the intrusion
would be highly offensive to a reasonable person.” Restatement 2d of Torts, Section
652B. This has been adopted as the California law on the subject. See Shulman v. Group
W Productions, Inc., 18 Cal. 4Th 200, 230-231 (Cal. 1998).
However, I do not find that it is required that there be a physical invasion of
privacy or that specific secret information be disclosed. Rather, the cause of action for
invasion of privacy “recognizes a measure of personal control over the individual’s
autonomy, dignity, and serenity.” Hernandez v. Hillsides, Inc., 47 Cal. 4th 272, 286 (Cal.
2009). A cause of action may be sustained as long as the defendant “penetrated some
zone of physical or sensory privacy … or obtained unwanted access to data by electronic
or other covert means, in violation of the law or social norms.” Id, quoting Shulman v.
Group W Productions, Inc., 18 Cal. 4th 200 (Cal. 1998).
Although it is conceded that defendant made no information public that is not
publicly accessible, plaintiff’s argument can still be sustained if plaintiff can show that
the information released in this case was done in “violation of… social norms.” I believe
that a reasonable jury could conclude that a producer releasing the name and address of a
consumer violates social norms. Therefore, it is possible for this cause of action to be
sustained by a reasonable jury. Therefore, the motion to dismiss this count is denied.
Cause of Action 3: Misappropriation
Plaintiff next alleges that the use of her name and her likeness (on the video)
constitutes invasion of privacy for misappropriation of name and likeness. Plaintiff
maintains that this misappropriation constitutes common law invasion of privacy as well
as a tort under California statute.
Under the common law, a person is liable for invasion of privacy for
“appropriation of plaintiff’s name or likeness for commercial purposes.” Johnson v.
Harcourt, Brace, Jovanovich, Inc., 43 Cal. App. 3d 880, 887 (Cal. App. 2d Dist. 1974).
California has codified this common law rule, making it a tort to knowingly use
“another’s name, voice, signature, photograph, or likeness, in any manner, on or in
products, merchandise, or goods, or for purposes of advertising or selling, or soliciting
purchases of, products, merchandise, goods or services, without such person’s prior
consent.” Cal Civ Code § 3344.
Defendant argues that Plaintiff is not a noteworthy person and that Defendant did
not benefit economically from the use of Defendant’s name specifically. Defendant also
argues that the video was “newsworthy” because a tirade by an angry consumer is a
matter of public interest and curiosity.
To Defendant’s first claim, I respond that California courts have not required that
plaintiffs in misappropriation cases be famous or special notability. On the contrary,
appropriation of names of ordinary people with no special notoriety has been held to be
actionable for misappropriation. Stilson v. Reader’s Digest Assn., 28 Cal. App. 3d 270
(Cal. App. 1st Dist. 1972). Likewise “the appearance of an “indorsement” is not the sine
qua non of a claim for commercial appropriation.” Eastwood v. Superior Court, 149 Cal.
App. 3d 409, 419 (Cal. App. 2d Dist. 1983). The fact that Defendant did not rely on
Plaintiff’s specific reputation or persona does not preclude an action for
Defendant next claims the “newsworthiness” defense against an allegation of
misappropriation. Defendant relies on various California cases that have ruled that
publicizing one’s own media outlet by using names and information of public celebrities
is not considered invasion of privacy. See Montana v. San Jose Mercury News, Inc., 34
Cal. App. 4th 790 (Cal. App. 6th Dist. 1995) (Newspaper had a constitutional right to
promote itself by reproducing its originally protected articles or photographs of Joe
Montana). See also Abdul-Jabbar v. GMC, 85 F.3d 407, 416 (9th Cir. Cal. 1996).
Defendant argues that the public has an interest in watching videos of private individuals
involved in unusual situations and that, therefore, the incident in the videotaped
confrontation are newsworthy.
Defendant’s argument is misplaced. California courts have applied
newsworthiness as a defense when the Plaintiff himself is a newsworthy figure, not
necessarily when the story is of public interest.
For the foregoing reasons, I deny the defendant’s motion to dismiss the cause of
action of invasion of privacy for misappropriation of name and likeness.
Cause of Action 4: Intentional Infliction of Emotional Distress
To maintain an action for intentional infliction of emotional distress, a plaintiff
must show that (1) extreme and outrageous conduct by the defendant with the intention of
causing, or reckless disregard of the probability of causing, emotional distress; (2) the
plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate
causation of the emotional distress by the defendant’s outrageous conduct. Melorich
Builders v. Superior Court, 160 Cal. App. 3d 931, 935 (Cal. App. 4th Dist. 1984).
Defendant argues that posting a video taken in a public place with a name and
some publicly available information on the internet cannot constitute
“extreme and outrageous conduct.”
However, it is not the province of this court to determine what constitutes
extreme and outrageous conduct. That is a question of fact to be decided by a jury. I will
therefore not address that issue at this stage of the proceeding.
For the foregoing reasons, defendant’s motion for judgment on the pleadings is
denied with regard to Plaintiff’s complaint and all counts thereinHere are the assignment links letter
National Paralegal College Personal Jurisdiction Motion

Rasmussen Qualitative Quantitative & Outcome Research Methodologies Research Paper

Rasmussen Qualitative Quantitative & Outcome Research Methodologies Research Paper.

You are enrolled in an undergraduate nursing research course while obtaining your BSN. In preparation for an upcoming exam, your study group has asked that you explain the difference between the various types of research methodologies covered in the course which include qualitative, quantitative, and outcomes research.InstructionsConstruct a chart comparing and contrasting the characteristics and elements of qualitative, quantitative, and outcomes research.Discuss types of studies appropriate for each methodExplain how each method defines rigorDescribe approaches used for each methodExplain the data collection and data analysis for each methodChart should provide a clearly stated, detailed summary comparing and contrasting the characteristics and elements of qualitative, quantitative, and outcomes research.references should be within 5 years
Rasmussen Qualitative Quantitative & Outcome Research Methodologies Research Paper

HIST 1302 HCC The Museum of Flight Museum Tour Question

HIST 1302 HCC The Museum of Flight Museum Tour Question.

I’m working on a writing project and need a sample draft to help me learn.

I talked about the assignment in class, but, if you need a refresher, please watch this video I made for an online anytime class: (Links to an external site.)Description and InstructionsDue to the erratic and chaotic schedule of this class I wanted to create an easy, laid-back assignment that-theoretically-is fun to complete. Everyone has different tastes and ideas of enjoyment, but I find touring museums and galleries relaxing and entertaining. Hopefully you do as well, because that is what this assignment entails. You’re going to a museum! Well… maybe virtually. I first did this assignment in spring 2020 during the shutdown. Many museums and galleries have since opened. To this end, you may either physically visit a museum or attend a virtual tour. If you choose a physical tour, you may pick any museum or art gallery you wish. However, please try to attach some item from the site to your paper. This can be a brochure, a map, a picture you took- basically anything. If you are doing a virtual tour, there is no need.By the assignment due date I want you to pick either any physical museum visit or a virtual museum tour from the extensive list below, browse the collections, artifacts, documents, etc., and write a brief account of the museum answering the questions below. This is meant to be a stress-free assignment. Still, take it seriously enough. It is worth 200 points to your final grade, after all.Step 1:Spend some time finding the museum you wish to tour from my list. Not all of the choices are created equally! The choice does not have to relate to 1301 or 1302 material.Step 2:Take your “tour.” Some tours are more interactive than others. Pay attention as you move through and either take notes or bookmark sections to come back to for the assignment.Step 3:Write-up your assignment by answering the questions I posed. Give detail and be explanatory. Answer the questions as if you were describing and explaining it to someone who has never been.Step 4:Turn in your assignment and visit another museum. No, you do not have to visit another museum, but it is fun and it is quite possible that you are stuck at home with not much else to do (I know, I know. Many of you have plenty to do right now).Museum List and NotesGoogle Arts and Culture: Ah, Google. What would we do without you? Google Arts & Culture has an enormous collation of virtual and online museum tours. To pare it down somewhat, I have narrowed the search by History and Museum. Still, with such a large collection, take some time to find a museum that will fit both the criteria of the assignment and one you would enjoy. There is a lot to choose from here. In fact, many of the other choices may be found through this site. (Links to an external site.)Smithsonian Open Access: The US Smithsonian has, basically, opened their virtual doors to their entire collection in all 19 museums, libraries, and research centers. What this means is you can pick and choose. Multiple museums, exhibits, and items are all available to you. However, for this assignment, try to streamline your tour with a singular topic or genre. Also, and I think this would be a very cool idea, the Smithsonian sponsors several online seminars, tours, and lectures. Pick one (or more!) and enjoy. You do have to register in advance (all the ones I saw were free of charge). (Links to an external site.)Smithsonian National Portrait Gallery: America’s Presidents: The Smithsonian is always good. This tour takes you through the portraits of presidents and gives some snippets of history, including videos. Cool tour. There is actually more to this virtual tour than it first seems. Make sure to click on all of the links. (Links to an external site.)360° Virtual Tour of American Battlefields – VR Headset Capable: This page has quite a large collection of virtual tours of American Battlefields- mostly Revolutionary and Civil War sites. If you have a VR headset it enhances the experience, but you can tour the battlefields without one in a 360° panoramic view. Because of their smaller size, you may want to tour two or three for the assignment. (Links to an external site.)Franklin Delano Roosevelt Presidential Library and Museum: This virtual museum is not nearly as interactive as others on the list, but if you are interested in the Great Depression, New Deal, and/or WWII you might enjoy going through this site. There is some cool stuff hidden throughout. (Links to an external site.)The Texas Ranger Hall of Fame and Museum: Be careful if you choose this one. You will have to dig deep through the website since it is not nearly as “virtually interactive” as others. Still, having been to this museum in-person several times, I thought it deserved a place on the list. If you don’t choose to pick it for the assignment, definitely go through it the next time you are in Waco. Oh, it has some limited VR stuff if you have a headset. (Links to an external site.)Virtual Tour of Theodore Roosevelt’s Birthplace: Another Google submission. This is a short but interactive tour through Teddy’s birthplace. (Links to an external site.)The American Jazz Museum: There is not a lot of content here on its own right now. However, if you enjoy jazz and are available on December 3rd, the museum is giving a free, one-hour tour with jazz performances. That would be an awesome write-up, I think. (Links to an external site.)The Museum of Flight: Okay, this one is pretty cool- especially if you have a VR setup. Even without one, there is still a lot to do. If you enjoy planes, you will probably enjoy this. (Links to an external site.)National Women’s History Museum: Another museum with a ton of content. You may have to click around and explore a bit, but there are a lot of interactive activities, videos, and galleries to peruse. This is a good site with a lot of content. (Links to an external site.)The United States Holocaust Memorial Museum: While this is not the most virtually interactive site, there is a lot of content to go through. This museum is packed full of exhibits and information. (Links to an external site.)National Portrait Gallery, Main Page: If presidential portraits were not your thing, this page hosts several other galleries to go through. Not all galleries have the same content or detail, so choose carefully. (Links to an external site.)National Museum of African American History and Culture: This is an excellent museum. It is a little difficult to navigate online, though. Still, if you make your way through the pages there is a treasure trove of knowledge and information housed here. (Links to an external site.)I went through many, many hours of exploring and collating this list. Still, there are hundreds, if not thousands, of other museums I may have missed. If you do some searching and find one you would like to explore that is not listed here, simply send me the link and I will go through it. If I feel it is satisfactory, I will give you the okay.Assignment Criteria and Questions to Answer*Once again, I want this to be an easy-going assignment and the criteria will be relatively loose. However, do make sure to turn in professional work. This is still a college-level essay. Proofread, grammar-check, and re-draft before submission.Minimum Requirements:* There is no specific page length, but make sure to fully answer each question with detail and explanation. The amount of detail you give in response to the question will go a long way in determining your grade. I imagine most descriptive papers will fall in a 3-4 page range. Each question prompt has multiple questions included. You might not be able to answer every included question. That is okay. The question prompts basically cover the same “idea.” Answer that “idea” the best you can.* Double spaced, 11or 12pt font. Cite the museum webpages to the best of your ability.* Answer in essay form. Don’t just write the question number and response. Use transitions between the questions in the essay.* Make sure it is clear which museum you chose and cite the URLs you used. If the webpage changes and you are referencing an exhibit, cite the new page. I know this may be difficult at some points, but do your best. Make it easy on me to “fact check.”Questions to Answer, at minimum:1) Which museum did you choose and why did you choose it over other options? Was the virtual tour easy to navigate and did it have enough content? If you toured in person, was the museum ordered in a clear, reasonable manner? How long did it take you to see most of the content?2) Give a brief overview of the museum, the exhibits, and/or the content you examined. Explain the layout or structure of the virtual tour.3) Which individual exhibits, collections, or pieces stood out the most or what did you find the most interesting? Why? Describe and explain the most interesting parts of the tour. Give some detail and explanation here. Describe it to someone who may have never seen it.4) Was there anything you found unappealing about the museum or was there content you wanted to see that was not there? Anything you wanted to see more of?5) Did you enjoy your tour? Would you want to visit this museum in-person now that you have seen it online? Why or why not? If you visited in person, would you return later?Feel free to add anything else that comes to your mind while writing the essay. The general purpose is to explore and explain. If you wish to add something that is not based off of a question prompt that is 100% okay!Have fun with this! I assure you, this is a much simpler assignment than the Final Essay it is replacing.
HIST 1302 HCC The Museum of Flight Museum Tour Question

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